Judge signals accused killer Greg Fertuck may file for a mistrial, 11 days before verdict

Greg Fertuck is trying to apply for a mistrial, just 11 days before a judge is expected to deliver the verdict in his murder trial.

Fertuck is charged with first-degree murder in the death of his estranged wife, Sheree Fertuck. In late February, Fertuck and Crown prosecutors made final arguments in the trial, which began in September 2021.

In a fiat released to media late Monday afternoon, Justice Richard Danyliuk disclosed that Fertuck wants to address the court about calling his own firearms expert and applying for a mistrial.

Danyliuk writes that his timing “could not be much worse,” since there is no court in session this week and all Saskatchewan King’s Bench judges are involved in a mandatory annual conference.

“I am unclear as to why Mr. Fertuck’s previous request to call an expert witness made in late 2023, and for which I granted him a very lengthy adjournment, was not acted upon. When the defence called evidence, no firearms expert was called,” Danyliuk said.

“Further, he has had months since this matter was last in court to raise his request. Instead, he has waited until now.”

Fertuck opted to represent himself in the trial. His original lawyers withdrew from the case after Fertuck went behind their backs and made complaints about them to the Law Society of Saskatchewan.

“Being self-represented, however, does not give Mr. Fertuck carte blanche to do whatever he wants, whenever he wants to do it,” Danyliuk writes.

The King’s Bench Justice says it’s not just Fertuck who’s entitled to a fair trial — the Crown is as well, and he must balance their interests.

“Mr. Fertuck should know — because I have told him many, many times — that he cannot simply stand up and ask for something. Often he needs to bring a formal application, on notice to the Crown, with grounds and reasons for the application and with evidence to support it. That is a matter of trial fairness.”

Danyliuk agreed to accommodate the requests, on the condition that Fertuck submit a formal notice of application and supporting documentation by Wednesday, with the Crown submitting its response by Friday.

If he submits a formal application by the deadline, Danyliuk agreed to rule on the matters by Monday, prior to the scheduled verdict on June 14.

Sheree was last seen having lunch on her family farm near Kenaston, Sask. on Dec. 7, 2015. Her body has never been found. At the time of the disappearance, Sheree and Fertuck were in the process of separating.

Fertuck was the target of an undercover police sting. He told undercover officers, whom he believed were his friends, that he shot Sheree at the gravel pit where she worked.

In his final submissions, Fertuck said he lied to undercover police on multiple occasions "to look cool."

-With files from Laura Woodward

(Courtesy: Courts of Saskatchewan)

(Courtesy: Courts of Saskatchewan)